House Bill 40 contains one of the most significant changes to Texas corporate law from the 2025 session. The law lowers the minimum amount in controversy for Business Court jurisdiction from $10 million to $5 million and amends the definition of a qualified transaction to include a series of related transactions.
Bracewell’s Brad Benoit, chair of the firm’s energy litigation practice group, told The Texas Lawbook he expects the Business Court to take on a greater role in coming years.
“After achieving proof of concept in the first year of operations with a moderated volume of cases, the reduction of the amount in controversy requirement from $10 million to $5 million for business disputes will afford the Business Court a more meaningful role in the progress of large litigation in Texas and in the development of Texas business law,” said Benoit. “The legislation’s inclusion of intellectual property and trade secret disputes will also bring another important genre of commercial litigation within the Business Court’s reach.”
